Gutridge v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Henry Circuit Court.— Hon. James B. Gantt, Judge. (1) The demurrer to plaintiff’s evidence should have-been sustained. It was alleged in the petition that the defect was in the original construction and there was no evidence to sustain the allegation. The evidence shows that if the hand-hold was insecure it had become so by nse and lapse of time.
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Appeal from, Henry Circuit Court.— Hon. James B. Gantt, Judge. (1) The demurrer to plaintiff’s evidence should have-been sustained. It was alleged in the petition that the defect was in the original construction and there was no evidence to sustain the allegation. The evidence shows that if the hand-hold was insecure it had become so by nse and lapse of time. Current v. Railroad, 86 Mo. 62; Ely v. Railroad, 77 Mo. 34 Benson v. Railroad, 78 Mo. 504; Waldhier v. Railroad, 71 Mo. 514; Price, v. Railroad, 72 Mo. 414; Bullene v. Smith, 73 Mo. 151. (2) The demurrer to the evidence should have been…
1Opinion of the CourtBlack, J.
Plaintiff sued for damages for the death of her husband, E. B. Grutridge, who was a brakeman on that division of the defendant’s road from Sedalia to Parsons. Defendant received a freight car, belonging’ to the Pittsburg, Cincinnati & .St. Louis Railroad Company, at St. Louis, on the first of August, 1884, and on that day, hauled the same to Chamois, and on the next day to Sedalia, and on the third to Montrose, on the Sedalia and Parsons division. On the eighth of the same month, a train on which Grutridge was a brakeman, took the car back to Sedalia. The train, before reaching that place,…
2Cases cited3 opinions
- Greenwell v. CrowSupreme Court of Missouri · 1881
- Gavisk v. Pacific RailroadSupreme Court of Missouri · 1872
- Rosenheim v. America InsuranceSupreme Court of Missouri · 1862
3Cited by23 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Burnes v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1895
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